Code Of Civil Procedure MCQ question and answer

1

In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is

A) Legal B) Irregular C) Unjustified D) Illegal

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Answer & Solution

Answer: Option A

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2

Which of the following with the power of High Court to determine issues of fact in the Code of Civil Procedure?

A) Section 111 B) Section 105 C) Section 108 D) Section 103

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Answer & Solution

Answer: Option D

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3

Under Section 115 of the Civil Procedure Code, revision may lie to

A) The Supreme Court B) The High Court C) District Court D) All of the above

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Answer & Solution

Answer: Option B

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4

A plaintiff can file a second suit on the subject matter of an earlier suit filed by him:

A) Where the earlier suit was unconditionally withdrawn B) Where the first suit was dismissed in fault in the presence of the defendant, subject to law of limitation C) Where the first suit was dismissed on merits but the plaintiff feels that the decision in wrong D) None of the above

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Answer & Solution

Answer: Option D

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5

Order VII Rule 11 of the Code of Civil Procedure provides for

A) Rejection of the plaint B) Return of the plaint C) Dismissal of the suit D) All of the above depending on the facts of the case

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Answer & Solution

Answer: Option A

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6

The doctrine of constructive res judicata is explained in:

A) Section 11, explanation III of Code of Civil Procedure B) Section 11, explanation IV of Code of Civil Procedure C) Section 11, explanation V of Code of Civil Procedure D) Section 11, explanation VI of Code of Civil Procedure

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Answer & Solution

Answer: Option B

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7

A . . . . . . . . is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order.

A) Reference B) Review C) Revision D) Appeal

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Answer & Solution

Answer: Option C

Solution:

In the context of the Code of Civil Procedure, the process described is known as Revision. This occurs when the High Court requests the record of a case decided by a lower court and then issues an appropriate order. It is not a review, reference, or appeal. So, the correct answer is Option C: Revision.

8

Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 Code of Civil Procedure, execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of

A) 3 months from the date of the decree B) 6 months from the date of the decree C) 1 year from the date of the decree D) 2 years from the date of the decree

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Answer & Solution

Answer: Option A

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9

Which of the following deals with order to apply to minors in the Code of Civil Procedure?

A) Order 16, Rule 10 B) Order 11, Rule 23 C) Order 6, Rule 10 D) Order 13, Rule 22

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Answer & Solution

Answer: Option B

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10

Which is not a decree?

A) Rejection of a plaint B) Order of dismissal for default C) Determination of any question within section 144 of Code of Civil Procedure D) Conclusive adjudication that determines the rights of the parties with regard to all or any of the matters in controversy in the suit

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Answer & Solution

Answer: Option B

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Code Of Civil Procedure MCQ question and answer | Law MCQ question